LAWS(CAL)-2014-6-19

ANDAMAN & NICOBAR ADMINISTRATION Vs. ZOHRA BIBI

Decided On June 09, 2014
Andaman And Nicobar Administration Appellant
V/S
Zohra Bibi Respondents

JUDGEMENT

(1.) PREFACE These four appeals would relate to common question of law having great similarity on facts. Hence we intend to dispose of all the four appeals vide foregoing common judgement and order. FACTS

(2.) THE private respondent in all the four appeals were applicants before the revenue authority for sub -division of the land that they inherited from their respective predecessors. In all the four cases some of the co -sharers did not accord their consent in having such sub -division. Hence the authority rejected their claim on the ground that the dispute amongst the co -sharers should first be resolved by the Civil Court. The revenue authority was not competent enough to decide such issue. LAW ON THE SUBJECT

(3.) THE learned Single Judge disposed of WP No.85 of 2014 by His Lordship 's judgement and order dated March 25, 2014. In other three cases the learned Judge allowed the writ petitions following the decision in WP No.85 of 2014. THE JUDGEMENT AND ORDER IMPUGNED The judgement and order dated March 25, 2014 would depict, learned Judge considered the reasoned order of the revenue authority whereby the revenue authority rejected the application for sub -division and renumbering of the plots as all the co -sharers did not agree with the proposal for sub -division. The learned Judge considered Regulation 69 and Rule 61 and observed that the revenue authority was empowered to sub -divide the plots even in case of dispute amongst the co -sharers. The relevant extract of His Lordship 's judgement and order is quoted below: -